The ambush of a convoy of military and police vehicles that was transporting evidence in Ampatuan town, Maguindanao dashed hopes for the lifting of martial law before Christmas.

This was revealed last night by AFP Chief of Staff General Victor Ibrado as Executive Secretary Eduardo Ermita disclosed that members of the Ampatuan clan who are holding key local government positions and are now facing a string of criminal charges have no chance of getting back their posts.

“Definitely, they will be replaced in accordance with the succession rule. Kung sila ay nakakulong, hindi pwede silang bumalik,” Ermita told reporters after last night’s adjournment of the joint session of Congress.

Reports reaching Camp Aguinaldo showed the ambush occurred at around 7:30 p.m. at Lapu-Lapu village in Ampatuan, the town where 57 people were killed in a massacre last November 23.

The government forces were reportedly in a convoy of six-vehicles loaded with the high-powered firearms and assorted ammunition seized during a series of raids at different Ampatuan properties when they were attacked. The convoy was heading toward General Santos City.

No one was hurt in the ambush but the sixth vehicle of the convoy was hit with bullets.

A hand grenade was also thrown by the armed men.

Ibrado, who had earlier aired hopes for a return to normalcy before Christmas day, said the ambush in Ampatuan town only demonstrates that there remain armed men who refuse to heed the military rules in Maguindanao.

“Right now I feel hindi pa dapat i-lift. But we hope we can do that, our troops also want to celebrate Christmas,” he told reporters.

Justice Secretary Agnes Devanadera echoed Ibrado’s sentiments, saying that the lifting of military rule will depend on the recommendation of a panel, apparently the National Security Council, to the President.

Devanadera said that in compliance to the directive of Congress, government will be submitting daily reports of developments in Mindanao in order that lawmakers may be given the chance to evaluate the situation and guide them in voting on the martial law issue.

Senator Mar Roxas said the AFP should fully explain why the convoy were transporting evidence at night time.

Meanwhile, Senate President Juan Ponce Enrile and Speaker Prospero Nograles declared adjournment at 9:30 last night after lawmakers spent nearly seven hours interpellating representatives of the Arroyo government in connection with the Presidential Proclamation 1959 that declared martial law over Maguindanao.

Enrile and Nograles said the joint session of Congress will resume Monday at 4 p.m.

With nearly 14 hours already spent for deliberations on the possibility of revoking Proclamation 1959, congressmen and senators have about six hours more to continue with the interpellation.

Voting is expected on Monday with solons given another 20 minutes more to defend and oppose a motion to revoke the martial law imposition of President Arroyo.

Under the rules approved by the body, no member of Congress will be allowed to explain his or her vote until the result of the voting is announced. Explanation of votes may be entertained only after the voting.

Even without the ambush, Congress is not likely to revoke Proclamation 1959 imposing martial law and suspending the privilege of the writ of habeas corpus in Maguindanao province, considering that the anti-martial rule resolutions fall short of signatures.

There are at least three resolutions filed in both houses of Congress seeking to revoke President Arroyo’s martial law declaration, but these remain fall short of the required 147 votes.

As of yesterday, only a total of 51 lawmakers have signed the resolutions.

Seventeen senators signed Senate Resolution No. 1522 opposing the proclamation, while 34 representatives signed two separate anti-martial resolutions – Joint Resolution Nos.52 and 54.

House Speaker Prospero Nograles said lawmakers who are opposed to the proclamation need to muster a simple majority of 147 votes or 50 percent plus one of the combined memberships of the House of Representatives (268) and the Senate (24) to invalidate the martial law declaration.

Nograles said he doubts if the minority will be able to gather the required number as an overwhelming majority of the House is supportive of the proclamation.

He disclosed that there are more lawmakers who favor House Resolution (HR) 1525, which supports the President’s issuance of Proclamation 1959.

HR 1525, which Nograles filed himself, said there is enough justification to declare martial law in Maguindanao following the November 23 massacre of 57 people, including 30 journalists.

“The facts contained in the report of the President to both Houses of Congress sufficiently warrant the issuance of Proclamation 1959,” the resolution said.

“The issuance of Proclamation 1959 will help the Executive Department to effectively restore the functions of the local government units in the Province of Maguindanao and to preserve and restore public order and safety,” it added.

The anti-martial law resolutions, on the other hand, argued that the Proclamation “does not satisfy the constitutional requirements and lacks the factual and legal bases to support its validity.”

The signatories of these resolutions insisted that no actual rebellion or invasion transpired in Maguindanao, which should have been the basis for the President to suspend the privilege of the writ of habeas corpus or place the area under martial law.

They also argued that martial law cannot be declared as a preventive measure against rebellion and that rebellion must already be existing at the time the proclamation was made.

JR 54 was signed by Reps. Liwayway Vinzons Chato (Camarines Norte), Joseph Emilio Abaya (Cavite), Lorenzo Tañada III (Quezon), Ma. Evita Arago (Laguna), Niel Tupas Jr. (Iloilo), Ruffy Biazon (Muntinlupa City), Proceso Alcala (Quezon), Manuel Mamba (Cagayan), Alfonso Umali Jr. (Oriental Mindoro), Antonio del Rosario (Capiz), Hermilando Mandanas (Batangas), Teofisto Guingona III (Bukidnon), Vicente Belmonte Jr. (Lanao del Norte), Del de Guzman (Marikina City), Jocelyn
Limkaichong (Negros Oriental), Bernardo Piñol Jr. (North Cotabato), Paul Daza (Northern Samar), Abraham Mitra (Palawan), Victor Agbayani (Pangasinan), Rosendo Labadlabad (Zamboanga del Norte), Ma. Isabelle Climaco (Zamboanga City), Risa Hontiveros (Akbayan), Mujiv Hataman
(Anak Mindanao), Walden Bello (Akbayan), Rufus Rodriguez (Cagayan de Oro City), Leonardo Montemayor (ABA-AKO Party-list).

JR 52 was authored by activist Reps. Satur Ocampo, Teodoro Casiño and Neri Colmenares of Bayan Muna, Liza Maza and Luz Ilagan of Gabriela, Rafael Mariano and Joel Maglunsod of Anakpawis and Raymond Palatino of Kabataan.

Those who signed the anti-martial law resolution in the Senate were Senators Miriam Defensor Santiago, Manuel Roxas II, Francis Pangilinan, Benigno Simeon “Noynoy” Aquino III, Aquilino Pimentel Jr., Alan Peter Cayetano; Loren Legarda, Pilar Juliana “Pia" Cayetano, Rodolfo Biazon, Francis Escudero, Rodolofo Biazon, Panfilo Lacson, Ma. Ana Consuelo “Jamby” Madrigal, Jose “Jinggoy” Estrada, Gregorio Honasan, Richard Gordon, Manuel Villar Jr. and Antonio Trillanes IV.

During yesterday’s joint session of the Congress, Senator Miriam Defensor Santiago warned that upholding Proclamation 1959 would set a precedent that would make it easier for the President to declare martial law in the future.

“We cannot help it since justices of Supreme Court are human, they will certainly be affected by the fact that there is an overwhelming majority of the people’s representatives that want martial law,”’ said Santiago. ``The SC justices have to raise their level of courage to go against the Congress wishes.”

She also said that two conditions for martial law – actual rebellion and requirement of public safety – were not met by Arroyo.

“If there is such a rebellion, why have we never seen any such footage in the TV newscasts or on the internet? Are we now adopting the new concept of a secret rebellion?” she asked.

Interpellating a panel of government officials tasked to defend the imposition of martial law in Maguindanao, Paranaque Rep. Roilo Golez was able to extract an admission from police and defense authorities that the Ampatuan private group is among the more than 100 suspected private armies identified before the Nov. 23 murders.

Golez said PNP Director General Jesus Verzosa and AFP chief of staff General Angel Ibrado admitted that the massacre of the 57 civilians would not have occurred had the police and military been able to dismantle the Ampatuan private army.

Also answering queries from Golez, Justice Secretary Agnes Devanadera said there is a strong possibility that Malacanang will lift martial law in Maguindanao before the prescribed limit of 60 days.

“Depending on the facts to be submitted by law enforcement agencies, the martial law declaration can be lifted as soon as the objective is somehow achieved,” said Devanadera.